Comments that are not specific to a certain post should go here, for the month of April 2018. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.
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Well, I received the draft from the CA AG in my case and here it is. Man the rules are really complex people and although I am trying to stay confident and positive they are very intimidating since there are over 900 fed rules when it comes to court. I really am not sure how to respond at this time and I really took what USA had to say to heart. He was kind of right that I should dial back the ego and be a little more humble but man I am under a lot of pressure with this case and school and everything else but I know this case is very important to me as well as many others…Thank God for Janice and everyone that stopped that residency bill because that was a big issue. Anyway I want to hit back with everything I have at the AG but I do not want to go overboard or look like a fool filing frivolous BS so I am really in a quandary here people. Any suggestions?????
https://ufile.io/811sf
I was going to throw everything I could think of at her but I am rethinking that way of thinking as I am just trying to get relief and am not out to make her look bad or or to boost my ego. I just want relief as many others do….Anyways any suggestions would be cool. I know it is pretty much all me now since it really is about the rules at this point. I think the following will be all I ask to be included in the Status report…
(c) Plaintiff anticipates possible amendment to the compliant dependent upon the substance in the answer from the Defendant on Plaintiff’s first through fifth claims of Plaintiff’s complaint and dependent upon Defendant’s forthcoming motion for judgment on the pleadings with leave to amend (see section e., below). Also, amendment may be dependent upon the Court’s ruling on Defendant’s pending motion to dismiss claims six through nine of Plaintiff’s complaint and if the Court finds Plaintiff must amend and grants leave to amend.
(e) Plaintiff anticipates filing a motion in limine pursuant to Federal Rules of Evidence 103(a)-(e) concerning the inadmissibility of evidence dependent upon the substance of full discovery and Federal Rules of Evidence 702(a)-(d)., and Rule 703 if after full discovery Plaintiff learns that Defendant intends to introduce any expert witness.
(f) Plaintiff anticipates needing full discovery that is in Defendant’s possession as well as all requirements under Federal Rules of Civil Procedure Rule 26 et seq. including all requirements pursuant to Rule 26(2) et seq. concerning expert witness if such witnesses are to be used.
If anyone has anything to add or comment please do so since I can use any and all help as well as a boost of confidence at this stage….
I just got a text that
Gavin Newsom is running for California Gov.
Anyone here knows him?
Question for anyone with time on ” the list”.
Has anyone experienced an early termination from registering Federally?
I am asking because I have had reduction in charges to misdomeanor on possession 1 ct. I am going to be moving out of country within 2 yrs. , but would like early termination on my record.
I am in Ca., and would have 3.5 yrs if/when tiered bill goes into affect. I have read that one may petition for early federal release after 7 yrs. Is this an urban myth?
I want to be able to return for professional purposes (seminars, classes, etc.) without being hassled by ICE or having to register due to time in states.
Any info is appreciated. This whole thing even has attorneys that I have asked confused.
Thx
@ AlexO
You wrote: “@New Person, So what does that all mean in regards to still needing to register after being granted 1203.4?”
A person is required to register when convicted of a crime under PC 290. That’s how you get on the registry.
In Kelly v Municipal, the courts stated two things about PC 290 and 1203.4:
1. Registration and re-registration are criminal in character. Thus a penalty or disability.
2. 1203.4 aligns well with PC 290 such that only convicted are required to register. Under 1203.4, you’re only convicted during your probationary term. Once off, then you’re no longer convicted. If you’re no longer convicted, then you aren’t required to register.
++++
Point 1 was deemed useless because NPS founded People v Hamdon that stated b/c the registry was deemed statutory, then it cannot be punishment.
Point 2 was never argued. In fact, according to AJ’s research on EVA, Kelly v Municipal hasn’t been overturned. Therefore, it still stands. By all accounts, anyone who received the 1203.4 cannot be on the registry due to point 2.
The CoR exit actually negates what 1203.4 awarded via Kelly v Municipal. I think this is what I’ll be using as well as introducing involuntary servitude based upon the specific verbiage introduced into court within Kelly v Municipal.
So if anyone else has founded info to refute point 2, then I’ve got a solid basis. = )
Human Rights Watch: “India Sex Offenders’ Registry Not the Answer, Need to Enforce Existing Laws to Protect Women and Children”
https://www.hrw.org/news/2018/04/27/india-sex-offenders-registry-not-answer
“PAEDO PAINT ATTACK Vile sex offenders tied to bench and covered in paint during iron bar attack by furious vigilantes in Northern Ireland” How’s that for a headline? This is typical of British tabloids. “TWO vile perverts were tied to a bench and covered in paint after they were beaten with iron bars by a vigilante mob in Northern Ireland.
Child rapist James White, 48, and sex predator Jason Lydiard, 26, were hauled off by cops following the alleged attack by furious locals in the village of Mullaghbawn, Co Armagh.”
https://www.thesun.co.uk/news/6175007/vile-sex-offenders-tied-to-bench-and-covered-in-paint-during-iron-bar-attack-by-furious-vigilantes-in-northern-ireland/
“Sex offenders furious after prison ‘kitchen lags spike food with human faeces, urine and metal chunks” “An unnamed inmate of HMP Glenochil, Scotland also said an old shoe had even made its way into their grub” https://www.mirror.co.uk/news/uk-news/sex-offenders-furious-after-prison-12454916
For what it’s worth:
https://www.jdsupra.com/legalnews/can-you-fire-someone-for-being-a-sex-80753/
https://www.nbcchicago.com/news/local/Mass-Murderer-Moves-Into-Home-Near-La-Grange-School-481323961.html
What is the big deal? As long as the weenie wagers and guys with 15 year old girlfriends are kept living more than a 6 minute stroll away from little Suzie’s school…
Has anyone used college financial aid? If so what and when
“Proposal to restrict sex offenders from travelling abroad” (IRELAND) https://www.rte.ie/news/2018/0501/959649-sex-offenders-legislation
“As California moves to speed up executions, a man is exonerated after 25 years on death row” Revisiting the horrors of the Ed Jagels era in Kern County and more.
https://www.washingtonpost.com/news/the-watch/wp/2018/04/30/as-california-moves-to-speed-up-executions-a-man-is-exonerated-after-25-years-on-death-row/?utm_term=.645dd36f0957
“Homeless sex offenders living in tents outside Hialeah say they have nowhere to go”
“People don’t have a right to live anywhere they want to live.” – Ron Book
http://www.miamiherald.com/news/local/community/miami-dade/article210509304.html